
The intersection of law and medicine presents a complex relationship requiring a balance between medical ethics, professional responsibilities, and legal obligations. This chapter unpacks the duties of medical doctors in Nigeria, as outlined by Professor Rotimi Jaiyesimi in his lecture on Medical Liability and the Law. These duties, regulated by the Medical and Dental Council of Nigeria (MDCN), established in 1963, highlight the importance of trust, professionalism, and patient care in medical practice. The paper uses qualitative research methodology, relying on relevant primary and secondary sources which is content-based and material to the issue at hand. In examining key areas such as medical knowledge, communication, patient partnerships, and safety culture, this paper will explore how these responsibilities influence legal outcomes, particularly in cases involving medical malpractice, informed consent, and patient rights. The regulation of medical practice through the MDCN and its impact on both the healthcare provider and patient will be critically analyzed, emphasizing the need for legal frameworks to safeguard the standards of medical professionalism and trust. In Nigeria, medical negligence can lead to civil and criminal liabilities. Section 343 of the Nigerian Criminal Code stipulates that any person who administers medical or surgical treatment in a rash or negligent manner, endangering life or likely to cause harm, is guilty of a misdemeanor. Additionally, the limitation period for actions based on medical negligence is generally three years from the date the cause of action arose. In analyzing these aspects, this paper highlights the critical role of a legal framework in ensuring that medical professionals adhere to established standards, thereby protecting patient rights and promoting public health. It also underscores the necessity for continuous education, strict regulatory oversight, and a commitment to ethical practice to navigate the complex relationship between law and medicine effectively.
Medical Negligence, Professionalism, Patients, Health and Ethics, Trust
Medical Negligence, Professionalism, Patients, Health and Ethics, Trust
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